Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

These amendments are all related and, in many cases, address technical drafting issues. They have the cumulative effect of providing the Minister with the power to impose a levy not just on single-use disposable cups, but also on certain reusable alternatives to those cups that are supplied to the consumer below a certain price point, which will be set out by the Minister in secondary legislation.

The issue the amendments seek to address arose both on Committee Stage in the House and Committee Stage in the Seanad, namely, to address the potential for nominally reusable flimsy plastic cups to be supplied for free to consumers as a means of avoiding the disposable cup levy.

Amendments Nos. 7 and 8 define two new classes of reusable item, namely, “reusable alternative item” and “relevant reusable alternative item”. Amendment No. 11 then expands the definition of “single-use item” to include relevant reusable alternative items.

These amended definitions then facilitate amendment No. 14, which amends section 11(1)(a) to allow for environmental levies to applied to such class or classes of reusable alternative items as may be prescribed in secondary legislation. When so prescribed, these class or classes are then treated as single-use items for the purpose of the Bill.

Amendment No. 15 then amends section 11(2) to make unambiguously clear the price at which an item is supplied can be a factor in the level of material wastage associated with that item, including where it is supplied for free. These changes will cumulatively allow me to specify in regulations that, for example, the supply of plastic cups to customers below a minimum price point will incur the levy, thus addressing the potential problem of flimsy plastic cups.

The remainder of the Government amendments are consequential technical drafting amendments to ensure consistency between the new provisions and the language used in the rest of the Bill.

This is in line with what we have with the plastic bag levy. Deputies will be aware that there is a minimum price that people must charge if they are selling a reusable bag. The technical specifications of a reusable bag are defined in the regulations. That is to make sure that people are not bypassing or finding a loophole.

I thank the Deputies and Senators who brought this issue to my attention. I hope that the scenario where these cups are introduced into the market does not, in fact, arise. However, I am satisfied that if it does arise, these amendments will allow us to address it.

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